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HomeMy WebLinkAbout07-01-19 City Commission Packet Materials - C12. Ord 2005 Final, 1803 Bridger Drive Annexation ZMA1 REPORT TO: Mayor and City Commission FROM: Danielle Garber, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 2005, the 1803 Bridger Drive Annexation Zone Map Amendment to designate approximately 0.742 acres as R-1, Residential Single- Household Low Density, Application 18143. MEETING DATE: July 1, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2005, establishing R-1, Residential Single- Household Low Density district for 0.742 acres, located at 1803 Bridger Drive. The property consists of two parcels of land. BACKGROUND: The City Commission conducted a public hearing on June 18, 2018 for Application 18143 and preliminarily approved the 1803 Bridger Drive Annexation. The companion zone map amendment was also approved for an initial establishment of R-1, Residential Single-Household Low Density district. The approval was subject to terms and the preparation of an annexation agreement to address the provision of services. Staff prepared the required agreement. Resolution 4917 authorizes the City Manager’s signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the zoning as well. All required contingencies of approval have been satisfied. The ordinance was provisionally adopted on June 17, 2019 UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2005 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2005 Zone Map Amendment Exhibit Report compiled on June 20, 2019 Commission Memorandum 92 Page 1 of 4 ORDINANCE NO. 2005 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE APPROXIMATELY 0.742 ACRES TO R-1, RESIDENTIAL LOW DENSITY DISTRICT, KNOWN AS THE 1803 BRIDGER DRIVE ZONE MAP AMENDMENT. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A..; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to establish an initial zoning classification of R-1 (Residential Low Density District) for 0.742 acres of the property has been properly submitted, reviewed, and advertised; and 93 Ordinance 2005, 1803 Bridger Drive Annexation Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission held a public hearing on May 15, 2018, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 18, 2018, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-1, Residential Low Density District: Lots 5 and 6 of the Mount Baldy Subdivision, Plat F-10, located in the SW ¼ of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 94 Ordinance 2005, 1803 Bridger Drive Annexation Zone Map Amendment Page 3 of 4 Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 95 Ordinance 2005, 1803 Bridger Drive Annexation Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 17th day of June 2019. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 1st of July 2019. The effective date of this ordinance is July 31, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ KAREN STAMBAUGH Acting City Attorney 96 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W WN1°43'27"E 117.25'N38°49'15"E 127.90'N83°12'37"E 100.25'N1°43'27"E 94.30'50.00'50.00'S1°43'27"W 323.10'S1°43'27"W 323.10'N1°43'27"E 323.10'50.00'50.00' S88°16'33"E S88°16'33"E ©COPYRIGHT MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Aug/10/2018 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\3959\010\ACAD\FPlat\PHASE III\ANNEXATION MAP 062718.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd WestBozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 11BALLARD GALLATIN 3959.010 1"=40' 06/2018 MEE CHN MMI 6E 1S 32SW BASIS OF BEARING Bearings are grid, derived from GPSobservations with survey-grade receivers and referenced to the Montana Coordinate System, Single Zone, NAD83. LOTS 5 AND 6 OF MOUNT BALDY SUBDIVISION, SITUATED IN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. MOUNT BALDY SUBDIVISION, LOTS 5 AND 6 "1803 Bridger Drive Annexation Map" BRIDGER CANYON DRIVE (90') ALLEY (30') MIDFI E L D S T R E E T CHI P P E W A L A N E ATSINA LANELOT 6LOT 5LOT 7LOT 4LOT 68LOT 67O.S.7LOT 77 HOUSE DRIVEWAY W W W W W W R-1 ZONIN G LEGE N D S A T B R I D G E R CREEK 2 P H 2 LEGE N D S A T B R I D G E R CREEK 2 P H 3 MOUN T B A L D Y S U B ED VO G E L S U B HEAD L A N D S S U B R-1 ZONIN G RS ZONIN G R-S ZONIN G RS ZONIN G EXISTING COUNTY ZONING R-S R-S 97